Alleged Mismanagement not a Defense To Collection of Assessments

In Shoreline East v Gray, an unpublished opinion of the Michigan Court of Appeals, the condominium association pursued collection of over $30,000 in unpaid assessments against the owners in Wayne County Circuit Court.  The owners defended on the basis that the association had mismanaged the property.  The trial court granted the association judgment by summary disposition and the co-owners appealed, in pro per (representing themselves in the appeal).

The court affirmed.  Pursuant to MCLA §559.239, a co-owner may not assert as a set-off or defense to an action for unpaid assessments a claim that the association has not provided management or services.  The court held that, based upon this section, the co-owners' defense was invalid.

© Steve Sowell 2018